Federal Rules of Civil Procedure, Intellectual Property Litigation, Motion to Dismiss

Jurisdiction Affirmed: Trademark Ripples Reach US Shores

McDermott Will & Emery on 6/19/2025

Addressing for the first time the issue of whether a foreign intellectual property holding company is subject to personal jurisdiction in the United States, the US Court of Appeals for the Eleventh Circuit reversed a district...more

Judge Román Dismisses Infringement Claims Based “Upon Information and Belief” in Surgical Instruments Case

Patterson Belknap Webb & Tyler LLP on 6/13/2025

Judge Nelson S. Román (S.D.N.Y.) recently dismissed a patent-infringement complaint for failure to state a claim, emphasizing the requirement that plaintiffs plead factual allegations rather than legal conclusions....more

Not a Repeat Offender: Magistrate Judge Bloom Declines to Sanction “Ernest” Pro Se Plaintiff for Re-filing Dismissed Case in a...

Patterson Belknap Webb & Tyler LLP on 5/15/2025

On April 4, 2025, Magistrate Judge Lois Bloom (E.D.N.Y.) declined to sanction a pro se plaintiff for failing to conduct an adequate pre-suit investigation of whether his patent was infringed. Plaintiff initially filed a...more

Third Circuit Case Emphasizes the Limits of Appellate Jurisdiction and the Need for Finality in the District Court

Stevens & Lee on 4/16/2025

In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more

You Might Need a Lawyer if… the Judge Says you do: Judge Garnett Orders Case to be Dismissed for Failure to Secure Counsel

Patterson Belknap Webb & Tyler LLP on 3/20/2025

On March 11, 2025, District Judge Margaret M. Garnett dismissed SafeCast Limited’s (“SafeCast”) patent infringement lawsuit against Microsoft Corporation (“Microsoft”) because SafeCast failed to secure counsel. SafeCast Ltd....more

Texas Round-Up: December 2024

Fish & Richardson on 1/30/2025

Three subjects stood out in patent litigation in Texas in December 2024: (1) knowledge of related patents, general patent portfolio, or other asserted patents do not establish the knowledge requirement for pre-suit indirect...more